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ARTICLE · 10 DECEMBER 2021

It Depends – Timing of lessor disclosure statements

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Discusses the importance of timing for landlords in giving a lessor disclosure statement to a retail tenant.

AustraliaReal Estate and Construction

In this edition of ‘It depends', senior associate Chantal Kirkwood talks about the importance of timing for landlords in giving a lessor disclosure statement to a retail tenant.

VIDEO TRANSCRIPT

Welcome to it depends. Today, we'll be talking about timing and how it relates to a landlord giving a lessor disclosure statement to a retail tenant. A quick note before we start, today's content focuses specifically on retail shop leases, that is, leases that are governed by the Retail Shop Leases Act.

At what point in the lease negotiation is a landlord required to give a lessor disclosure statement to a prospective tenant?

A landlord must give a lessor disclosure statement to a tenant at least seven days prior to the tenant entering into the lease. A tenant enters into the lease on the earlier of the date that all parties sign the lease or the date that the tenant first takes possession of the premises or the date that the tenant first pays rent.

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